There is never a ‘right time’ to review and update your terms and conditions. Business and customer needs are always changing and the terms and conditions of trade for a business should always be changing to reflect those needs. But what are the key aspects you should consider?
There is no rule on how long, or indeed short, terms and conditions should be, but businesses should consider the following elements:
Price
Terms relating to pricing are among the most important provisions as they ultimately influence the financial health of your business. Clear pricing provisions are critical and allow your customers to understand your practices upfront and avoid future disputes.
Payment terms
Just as important is for you to consider how and when your customers’ payments will fall due, including dealing with non-payment and late payment terms, especially in the case of on-going services and supplies. For goods supplied, it is advisable to include retention of title provisions, which allow you to recover those goods when payment has not been made for them.
Service procedures
For service providers, you should consider which forms of services are likely to change frequently and which are likely to continue unchanged for a longer period and you should distinguish between them.
For example, defined time frames for the provision of services may vary according to demand and may be best referenced in marketing material which can be regularly altered. In the alternative, you may have a prescribed onboarding process which should be explained to customers and is less likely to change.
Insurance
The provision of some services require professional indemnity or other form of insurance to protect customers. You should consider a suitable policy and refer to the fact that insurance is carried in your terms and conditions.
Termination
Particularly in the case of ongoing services, it is important that you protect your business from onerous conditions that are difficult to satisfy. However, some matters may be outside of your control particularly where you rely on third party suppliers or subcontractors and you should consider how long your contract will last and what may trigger a termination, and deal appropriately with the consequences.
Statutory rights and consumer protection
Your customers, particularly in the case of individual consumers, will have statutory rights, whether this be for rights to terminate or rights to return or reject goods. You cannot use your terms and conditions to contract out of certain rights, and if you are not careful and exclude a right that may not be excluded, the entirety of your terms and conditions could be void.
Finally, it is important to ensure that where possible, contracts are concluded on your own terms and avoid copying those of a competitor or similar businesses, to ensure they are tailored to your needs and your business, and do not infringe anybody else’s rights.
The points set out above is not a complete list of requirements for your terms and conditions but cover some of the most vital points to consider. We will be pleased to help you review or create your terms and conditions.
To discuss this topic further, contact a solicitor in our Corporate and Commercial team on 01689 887887.